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Home Industry Press Releases ICA response to Kentucky domain seizure ruling
ICA response to Kentucky domain seizure ruling PDF Print E-mail
Written by Domainer's Magazine Staff   
Friday, 17 October 2008 14:23

ICA response to Kentucky domain seizure ruling

WASHINGTON, DC — October 16, 2008 - Jeremiah Johnston, President of the Internet Commerce Association, today issued this statement on behalf of the ICA in response to the Opinion and Order of Judge Thomas Wingate of the Franklin Circuit Court in the matter of Commonwealth of Kentucky vs. 141 Internet Domain Names:

“The Internet Commerce Association is extremely disappointed in the decision issued by the Court this afternoon. This is a dangerous decision not just for domain name investors and developers but for all who value commerce and free speech on the Internet. The Court has incorrectly held that domain names are a form of property subject to in rem jurisdiction anywhere on the face of the Earth where their associated websites may be viewed on a computer screen. Even worse, it has endorsed the seizure of domain names absent notice and hearing, violating basic principles of due process. If the logic of this decision was broadly adopted then Internet commerce and speech would be at risk on a global basis. For example, U.S. companies conducting legal business activities in this nation could be subject to seizure orders for their domain names issued by foreign courts for lack of compliance with local law and regulation merely because their websites can be viewed abroad. Even more worrisome, the courts of totalitarian regimes could issue seizures orders against domain names used to spread truth and advocate freedom to their repressed populations. The remedy proposed by the court – geographic blocking so that none of the subject websites can be viewed from within Kentucky – is infeasible for individual domain names which could be subject to different laws and regulation in thousands of jurisdictions worldwide.”

“The ICA does appreciate that Judge Wingate has indicated that he will continue to let us participate in this case as friends of the court. Given the high stakes for freedom, commerce, and the rights of domain name owners, the ICA plans to remain actively engaged in this critically important litigation.”

ABOUT INTERNET COMMERCE ASSOCIATION

Founded in 2006, Internet Commerce Association (ICA) is a non-profit trade organization representing domain name investors and developers and the direct search industry. ICA is made up of responsible businesses and individuals who have joined together to improve public confidence in internet commerce. Based in Washington D.C., the organization’s mission is to promote and share best practices among participants in the domain name industry and to educate consumers, policy makers, law makers and the media about the value and benefits of direct navigation traffic and the domain name industry. For more information, please visit http://www.internetcommerce.org/

Last Updated on Saturday, 07 July 2007 09:54
 
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